GOVT 422 FINAL

Question 1

Roth v. US

Answer 1

Prurient Interest Test

Obscenity has no legal redeeming social importance and receives no 1st amendment protection.

Question 2

Tinker v. Des Moines

Answer 2

Student wore armbands to protest war.

Court considered this action “pure speech” which is protected by the 1st amendment.

Question 3

NY Times v. Sullivan

Answer 3

Actual Malice

Public official may not recover damages unless he/she proves the statement was made with actual malice.

Question 4

NY Times v. US

Answer 4

Pentagon Papers Case
Government tried to prevent NY Times from publishing excerpts from study on Vietnam policy
Court held that government’s attempt to block material was unconstitutional prior restraint

Question 5

Miller v. California

Answer 5

Obscenity Test

Question 6

Abrams v. US

Answer 6

Bad Tendency Test
Court affirmed Abrams’ conviction (a Socialist) for distributing leaflets urging workers to resist American involvement in Russia

Question 7

US v. O’Brian

Answer 7

Draft-Card Case
Court Reject 1st Amendment claim of war protestor who burned draft card.
Govt’s card, does not belong to O’Brian.

Question 8

Texas v. Johnson

Answer 8

Court said Johnson’s conduct did not threaten to disturb the peace
Johnson’s conduct was of an expressive, overtly political nature
Dissenting, Rehnquist stated that flag burning was not expressing any particular idea, but designed to antagonize others

Question 9

US v. Eichmann

Answer 9

Congress passed Federal Flag Protection Act of 1989 making flag burning a federal crime
Court struck down this Act as applied to flag burning as political protest

Question 10

VA v. Black

Answer 10

Court upheld Va law banning cross burning with intent to intimidate b/c burning a cross is a particularly violent form of intimidation.

Question 11

Coates v. Cincinnatti

Answer 11

Court struck down ordinance making it unlawful for persons to conduct themselves in an annoying manner

Question 12

US v. Stevens

Answer 12

Court found alarming videos of animals being crushed, protected.

Question 13

Lochner v. NY

Answer 13

Supreme Court struck down law about working hours as an unjustified interference with right to labor
Unjustified interference with “right to labor” and “Liberty of Contract”

Question 14

Cantwell v. Conn

Answer 14

Applied the Free Exercise Clause to the states.

State may not require prior approval to solicit for religious purposes door to door

Question 15

Plessy v. Ferguson

Answer 15

“Separate but equal”

“Colorblind Constitution”

Question 16

Dred Scott

Answer 16

First Supreme Court decision (after Marbury v. Madison) to declare an act of Congress ‘unconstitutional.’
- Extreme example of Judicial Activism.
Court held that blacks were not citizens of the state.
Nullified by the 13th and 14th amendments.

Question 17

Ex Parte McCardle

Answer 17

Reconstruction Acts of the South allowed soldiers to arrest anybody who interfered. Congress changed the supreme courts appellate jurisdiction during the argument and therefore they were forced to drop the case.

Question 18

DC v. Heller

Answer 18

Recognized that the 2nd amendment granted individuals to bear arms.

Question 19

Chicago v. McDonald

Answer 19

2nd amendment rights are protected against state government by 14th amendment.

Question 20

Hammer v. Daggenheart

Answer 20

Congress could not reach child labor because its not manufacturer. Therefore not regulated by commerce.

Question 21

Gibbons v. Ogden

Answer 21

Commerce Clause. Constitution empowers congress to regulate commerce, Congress could not regulate trade solely with one state but instead “between” states, 1793 congressional licensing act took precedence over the state act.

Question 22

Buckley v. Valeo

Answer 22

Congress placed a limit on contributions to candidates.

Does this abridge citizen’s first amendment rights? Yes.

Question 23

National League of Cities v. Usery

Answer 23

Congress amended the Fair Labor Standard Act in order to control minimum wage/overtime for government employees.
These amendments were considered unconstitutional because congress’ commerce power is limited and is protected by the tenth amendment.

Question 24

Swift and Co. v. US

Answer 24

Challenged activities (buying and selling cattle) were local, but court found them to be in ‘current of commerce” among states. 
Permits federal regulation of commerce that is no longer of an interstate nature.

Question 25

US v. Comstock

Answer 25

Federal Statute that permits sex offenders to remain confined even after their time is served. Challenged: Congress lacks authority to legislate in this area. Supreme court held that Congress has the authority to enact his law. Statutes narrow scope does not grant a general police power.

Question 26

Lock v. Davey

Answer 26

Scholarship can be denied students who select religious major in college

Question 27

Wisconsin v. Yoder

Answer 27

Court holds that Amish may refuse to educate children beyond 8th grade because Amish as a group educate children in home to include practical living skills and moral and religious values

Question 28

Chaplinsky v. New Hampshire

Answer 28

Provides Fighting Words Doctrine Court said “fighting words,” profane speech, libel are considered unconstitutional Speech could be punished if it inflicted injury or created danger that the person addressed would resort to violence

Question 29

Cohen v. California

Answer 29

Court narrowed exception and refused to classify as fighting words the message “____ the Draft” on back of Cohen’s jacket Ruled that no individual could reasonably regard those words as a direct personal insult

Question 30

Gonzales v. Reich

Answer 30

Congress may criminalize medicinal use of marijuana Justice Thomas in his dissent said Congress had encroached on States’ traditional police powers Would convert Necessary and Proper Clause into pretext for accomplishment of objects not entrusted to government

Question 31

Gonzales v. Carheart

Answer 31

Court upholds Federal ban on Abortion.

Question 32

Schenk v. US

Answer 32

Clear and Present Danger

Question 33

Dennis v. US

Answer 33

Clear and Probable Danger

Question 34

Everson v. Board of Education

Answer 34

Applied the Establishment Clause to the states

Question 35

Bowers v. Hardwick

Answer 35

Court upheld GA law and refused to recognize fundamental right to engage in homosexual sodomy Overturned on grounds that Due Process Clause prohibits states from making private consensual sex of adults a crime

Question 36

What are the Distributive Articles?

Answer 36

Articles 1, 2, and 3.

Question 37

Article 1

Answer 37

Deals with Congress, specifies qualifications for house (435 member) and congress, House members serve 2 years, Senators serve 6, most of the enumerated powers are located here.

Question 38

Article 2

Answer 38

Gives Senate the power to participate in treaty making and to approve presidential appointments of ambassadors and federal judges.

Question 39

Article 3

Answer 39

Authorizes Congress to define jurisdiction of lower federal courts and appellate jurisdiction of the Supreme Court. Grants SC 'original jurisdiction' and District courts 'concurrent jurisdiction.'

Question 40

Habeus Corpus

Answer 40

An ancient common law device that persons can use to challenge legality of arrest or imprisonment. Can be suspended by section 9 by congress (but not limited to congress) during a national emergency.

Question 41

11th Amendment

Answer 41

Cannot sue another state

Question 42

13th Amendment

Answer 42

Abolished Slavery

Question 43

14th Amendment

Answer 43

Due Process and Equal Protection

Question 44

15th Amendment

Answer 44

Protects the right to vote without prejudice

Question 45

16th Amendment

Answer 45

Congress' power to lay and collect taxes

Question 46

17th Amendment

Answer 46

Senate rules: 2 Senators for each state Elected by the people of that state Serve for 6 years, each has one vote.

Question 47

9th Amendment

Answer 47

Enumeration of Right not to be abridged.

Question 48

Article 1 Section 8

Answer 48

Enumerated Powers

Question 49

Spending Power of Congress is grounded in which clause?

Answer 49

Necessary and Proper

Question 50

Which clause of the Constitution does the SC often associate with property rights?

Answer 50

Contracts clause which morphed into Substantive Due Process.

Question 51

Substantive Due Process is tied in with which clause?

Answer 51

Contracts Clause

Question 52

War Powers Act

Answer 52

Name of the act that was passed by congress after the Vietnam war in an effort to commit the president’s military authority

Question 53

What SC case would we look to for the implied powers doctrine?

Answer 53

McCullough v. MD

Question 54

What kinds of speech are NOT protected by the first Amendment?

Answer 54

Fighting words, Obscenity, Defamation

Question 55

Clear and Present Danger

Answer 55

Will words used create clear and present danger that Congress has the right to prevent?

Question 56

Clear and Probable Danger

Answer 56

Asks whether gravity of evil, discounted by its improbability, justifies such invasion of free speech as is necessary to avoid danger.

Question 57

Bad Tendancy

Answer 57

Essence is that a state may punish those who abuse freedom of speech and press with utterances tending to corrupt public morals or disturb the peace. Much broader test.

Question 58

Overbreadth Doctrine

Answer 58

First Amendment doctrine that holds that a law is invalid if it can be applied to punish people for engaging in constitutionally protected expression.

Question 59

Vagueness

Answer 59

Legislation that fails to clearly inform the person what is required.

Question 60

Pierce v. Society of Sisters

Answer 60

Right to Educate

Question 61

When was the Supreme Court created?

Answer 61

1789 with the passage of the Judiciary Act.

Question 62

Clinton v. City of NY

Answer 62

Did President Clinton have the authority, under the Line item veto act, to selectively cancel portions of a bill? No, Legislation must either be ENTIRELY approved or ENTIRELY rejected.